BAVA BASRA 161 (8 Tamuz) - The Zechus of today's Dafyomi study is dedicated to the memory of Dr. Moshe Gottlieb z'l, who healed the sick of Jerusalem and Israel with Chesed, on the day of his Yahrzeit. Dedicated by his loving wife, children and grandchildren.

1)

WHERE WE SIGN TIED GITIN (cont.) [line 3]

(a)

Question (Rami bar Chama): R. Yirmeyah bar Aba says that they sign opposite the text, corresponding to where the text is (and the document need not say 'Sharir v'Kayam');

1.

We should be concerned lest he add to the text, and add invalid witnesses (opposite the added text. He can validate the document through any three witnesses, e.g. the first ones);

2.

He can say 'I wanted to have extra witnesses!'

(b)

Answer (Rav Chisda): The witnesses do not sign widthwise (i.e. the way the text was written), rather, lengthwise (each starts his name opposite the bottom line of text, and finishes opposite the top line).

(c)

Question: If the end of the document is unfavorable for the bearer, he might be able to cut it off!

1.

If a witness signed 'Reuven ben Yakov, Ed (witnesses)', perhaps one can cut off the bottom, and 'Ben Yakov, Ed' will remain for a signature!

2.

(Mishnah): 'Ben Ploni Ed' is a valid signature.

(d)

Answer: Each witness writes his name and the word 'Ben' on the bottom line (i.e. opposite the bottom line of the text. If one will cut off the bottom line, he will also cut off 'Ben'.

(e)

Question: He can cut off 'Reuven ben', and 'Yakov Ed' will remain!

1.

(Mishnah): 'Ish Ploni Ed' is a valid signature.

(f)

Answer #1: The case is, the witnesses do not write 'Ed' after their names.

(g)

Answer #2: They do write 'Ed' after their names. The case is, we know that no Yakov in this kingdom signs like this.

161b----------------------------------------161b

(h)

Question: Perhaps they will think that Reuven normally uses his father's name for his signature! (Letter of the law, one need not sign his own name - Gitin 36a.)

(i)

Answer: One would not sign his father's name in place of his own name.

(j)

Question: Perhaps they will think that he signs 'Yakov' in place of his own name!

1.

Many Amora'im used symbols in place of signing their names. Rav would draw a fish, R. Chanina drew a branch, Rav Chisda made a 'Samech', R. Hoshaya made an 'Ayin', and Rabah bar Rav Huna made a mast.

(k)

Answer: One is not so brazen to make his father's name a symbol in place of his own name.

(l)

Answer #3 (Mar Zutra): R. Yirmeyah holds that all the signatures must finish in the same line. (Rashbam - they all extend from the top to the bottom line, or vice-versa; Tosfos - every word of the signature starts in the bottom line).

2)

THE LAST LINE OF A DOCUMENT [line 9]

(a)

(R. Yitzchak bar Yosef): (We said that an erasure does not invalidate a Get unless it is in a place fitting and large enough for it to say 'Sharir v'Kayam.' In any case,) an erasure must be mentioned in the Get (before 'Sharir v'Kayam', to ensure that nothing was erased after the Get was signed)'

1.

The last line of the Get must recap the Get (i.e. it cannot teach any new obligations or conditions).

2.

Question: What is the reason?

3.

Answer (Rav Amram): We do not learn from the last line of a document.